Niyam v2 is live — start for just ₹100 — 200 credits to try

september 2004

Supreme Court of India · 2004-09-24

H.U.D.A. vs JEEWAN ASHA GARG

Citation / case number
SC 2002/12537
Court
Supreme Court of India
Petitioner
H.U.D.A.
Respondent
JEEWAN ASHA GARG
Author
S. N. VARIAVA
Bench
S.N. VARIAVA & A.K. MATHUR

Judgment text excerpt

The Supreme Court held that the National Consumer Disputes Redressal Commission's practice of granting uniform interest at 18% per annum is not sustainable and must be based on the specific facts of each case, as established in Ghaziabad Development Authority vs. Balbir Singh (2004) 5 SCC 65. The Court emphasized that compensation for mental agony or harassment must correlate with actual loss or injury, and the Commission must determine deficiency in service or misfeasance in public office. Consequently, the Court set aside the National Commission's order and directed that future awards must be justified based on the facts of each case.

H.U.D.A. vs JEEWAN ASHA GARG · Niyam